§ 1800 — Penalties for traffic infractions

New York § 1800

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 9: Penalties and Disposition of Fines and Forfeitures

Text

§ 1800. Penalties for traffic infractions. (a) It is a traffic\ninfraction for any person to violate any of the provisions of this\nchapter or of any local law, ordinance, order, rule or regulation\nadopted pursuant to this chapter, unless such violation is by this\nchapter or other law of this state declared to be a misdemeanor or a\nfelony.\n (b) 1. Every person convicted of a traffic infraction for a violation\nof any of the provisions of this chapter or of any ordinance, order,\nrule or regulation adopted pursuant to section sixteen hundred thirty or\nsixteen hundred thirty-one of this chapter for which another penalty is\nnot provided shall for a first conviction thereof be punished by a fine\nof not more than one hundred fifty dollars or by imprisonment for not\nmore than fifteen days or by both such fine and imprisonment; for a\nconviction of a second violation, both of which were committed within a\nperiod of eighteen months, such person shall be punished by a fine of\nnot more than three hundred dollars or by imprisonment for not more than\nforty-five days or by both such fine and imprisonment; upon a conviction\nof a third or subsequent violation, all of which were committed within a\nperiod of eighteen months, such person shall be punished by a fine of\nnot more than four hundred fifty dollars or by imprisonment for not more\nthan ninety days or by both such fine and imprisonment, except that a\nperson convicted of a traffic infraction for a violation of paragraph\none of subdivision (d) of section one thousand one hundred eleven of\nthis chapter outside of a city having a population of one million or\nmore shall, for a first conviction thereof, be punished by a fine of not\nless than seventy-five dollars nor more than two hundred twenty-five\ndollars or by imprisonment for not more than fifteen days or by both\nsuch fine and imprisonment; for a conviction of a second violation, both\nof which were committed within a period of eighteen months, such person\nshall be punished by a fine of not less than one hundred fifty dollars\nnor more than three hundred seventy-five dollars or by imprisonment for\nnot more than forty-five days or by both such fine and imprisonment;\nupon a conviction of a third or subsequent violation, all of which were\ncommitted within a period of eighteen months, such person shall be\npunished by a fine of not less than three hundred seventy-five dollars\nnor more than six hundred seventy-five dollars or by imprisonment for\nnot more than ninety days or by both such fine and imprisonment except\nthat a person convicted for a violation of paragraph one of subdivision\n(d) of section one thousand one hundred eleven of this chapter shall,\nfor a first conviction thereof, be punished by a fine of not less than\none hundred fifty dollars nor more than four hundred fifty dollars or by\nimprisonment for not more than fifteen days or by both such fine and\nimprisonment; for a conviction of a second violation, both of which were\ncommitted within a period of eighteen months, such person shall be\npunished by a fine of not less than three hundred dollars nor more than\nseven hundred fifty dollars or by imprisonment for not more than\nforty-five days or by both such fine and imprisonment; upon a conviction\nof a third or subsequent violation, all of which were committed within a\nperiod of eighteen months, such person shall be punished by a fine of\nnot less than seven hundred fifty dollars nor more than one thousand\nfive hundred dollars or by imprisonment for not more than ninety days or\nby both such fine and imprisonment.\n 2. Notwithstanding the provisions of paragraph one of this\nsubdivision, a person convicted of a traffic infraction for a violation\nof paragraph two of subdivision (b) of section twelve hundred two of\nthis chapter shall for a first conviction thereof be punished by a fine\nof not more than four hundred dollars or by imprisonment for not more\nthan fifteen days or by both such fine and imprisonment. Upon a\nconviction for a second violation, both of which were committed within a\nperiod of eighteen months, such person shall be punished by a fine of\nnot more than six hundred dollars or by imprisonment for not more than\nforty-five days or by both such fine and imprisonment; upon a conviction\nof a third or subsequent violation, all of which were committed within a\nperiod of eighteen months, such person shall be punished by a fine of\nnot more than seven hundred fifty dollars or by imprisonment for not\nmore than ninety days or by both such fine and imprisonment.\n (c) Every person convicted of a traffic infraction for a violation of\nany local law, ordinance, order, rule, regulation or administrative code\nprovision adopted pursuant to this chapter by any local authority or\ncontinued in effect by this chapter, except those adopted pursuant to\nsections sixteen hundred thirty and sixteen hundred thirty-one, shall be\npunished in the same manner as has heretofore been prescribed by law\nunless or until otherwise prescribed by local law, ordinance or state\nstatute.\n (d) A conviction of violation of any provision of this chapter shall\nnot be a bar to a prosecution for an assault or for a homicide committed\nby any person in operating a motor vehicle or motorcycle.\n (e) Every person convicted of a violation of the provisions of section\neleven hundred forty-four of this chapter shall for a first conviction\nthereof be punished by a fine of not more than two hundred seventy-five\ndollars or by imprisonment for not more than fifteen days or by both\nsuch fine and imprisonment. For a conviction of a second violation, both\nof which were committed within a period of eighteen months, such person\nshall be punished by a fine of not more than four hundred fifty dollars\nor by imprisonment for not more than forty-five days or by both such\nfine and imprisonment. For a conviction of a third violation and all\nsubsequent violations, all of which were committed within a period of\neighteen months, such person shall be punished by a fine of not more\nthan seven hundred fifty dollars or by imprisonment for not more than\nninety days or by both such fine and imprisonment.\n (f) Every person convicted of operating a truck, tractor or\ntractor-trailer combination having a total gross weight in excess of ten\nthousand pounds in violation of a local law, ordinance, rule or\nregulation enacted by the legislative body of any city with a population\nin excess of one million pursuant to the provisions of paragraph ten of\nsubdivision (a) of section sixteen hundred forty of this chapter shall,\nfor a first offense thereof, be punished by a fine of not less than two\nhundred dollars nor more than five hundred dollars or by imprisonment\nfor not more than fifteen days or by both such fine and imprisonment.\nFor a conviction of a second violation, both of which were committed\nwithin a period of eighteen months, such person shall be punished by a\nfine of not less than five hundred dollars nor more than one thousand\ndollars or by imprisonment for not more than forty-five days or by both\nsuch fine and imprisonment. For a conviction of a third violation and\nall subsequent violations, all of which were committed within a period\nof eighteen months, such person shall be punished by a fine of not less\nthan one thousand dollars nor more than two thousand dollars, or by\nimprisonment for not more than ninety days or by both such fine and\nimprisonment.\n (g) Notwithstanding the provisions of subdivisions (b) and (c) of this\nsection, a person convicted of a traffic infraction for a violation of\nany ordinance, order, rule, regulation or local law adopted pursuant to\none or more of the following provisions of this chapter: paragraphs two\nand nine of subdivision (a) of section sixteen hundred twenty-one;\nsubdivision three of section sixteen hundred thirty; or subdivision five\nof section seventy-one of the transportation law, prohibiting the\noperation on a highway or parkway of a motor vehicle registered as a\ncommercial vehicle and having a gross vehicle weight rating of less than\nten thousand pounds shall, for a first conviction thereof, be punished\nby a fine of not more than two hundred fifty dollars or by imprisonment\nof not more than fifteen days or by both such fine and imprisonment; for\na conviction of a second violation, both of which were committed within\na period of eighteen months, such person shall be punished by a fine of\nnot more than five hundred dollars or by imprisonment for not more than\nforty-five days or by both such fine and imprisonment; upon a conviction\nof a third or subsequent violation, all of which were committed within a\nperiod of eighteen months, such person shall be punished by a fine of\nnot more than seven hundred fifty dollars or by imprisonment of not more\nthan ninety days or by both such fine and imprisonment. Provided,\nhowever, the provisions of this subdivision shall not apply to a\ncommercial motor vehicle as such term is defined in paragraph (a) of\nsubdivision four of section five hundred one-a of this chapter.\n (h) Notwithstanding the provisions of subdivisions (b) and (c) of this\nsection, a person convicted of a traffic infraction for a violation of\nany ordinance, order, rule, regulation or local law adopted pursuant to\none or more of the following provisions of this chapter: paragraphs two\nand nine of subdivision (a) of section sixteen hundred twenty-one;\nsubdivision three of section sixteen hundred thirty; or subdivision five\nof section seventy-one of the transportation law, prohibiting the\noperation on a highway or parkway of a motor vehicle registered as a\ncommercial vehicle and having a gross vehicle weight rating of at least\nten thousand pounds but no more than twenty-six thousand pounds shall,\nfor a first conviction thereof, be punished by a fine of not more than\nthree hundred fifty dollars or by imprisonment of not more than fifteen\ndays or by both such fine and imprisonment; for a conviction of a second\nviolation, both of which were committed within a period of eighteen\nmonths, such person shall be punished by a fine of not more than seven\nhundred dollars or by imprisonment for not more than forty-five days or\nby both such fine and imprisonment; upon a conviction of a third or\nsubsequent violation, all of which were committed within a period of\neighteen months, such person shall be punished by a fine of not more\nthan one thousand dollars or by imprisonment of not more than ninety\ndays or by both such fine and imprisonment; provided, however, the\nprovisions of this subdivision shall not apply to a commercial motor\nvehicle as such term is defined in paragraph (a) of subdivision four of\nsection five hundred one-a of this chapter.\n (i) Notwithstanding the provisions of subdivisions (b) and (c) of this\nsection, a person convicted of a traffic infraction for a violation of\nany ordinance, order, rule, regulation or local law adopted pursuant to\none or more of the following provisions of this chapter: paragraphs two\nand nine of subdivision (a) of section sixteen hundred twenty-one;\nsubdivision three of section sixteen hundred thirty; or subdivision five\nof section seventy-one of the transportation law, prohibiting the\noperation on a highway or parkway of a commercial motor vehicle as\ndefined in paragraph (a) of subdivision four of section five hundred\none-a of this chapter, for a first conviction thereof, be punished by a\nfine of not more than seven hundred dollars or by imprisonment of not\nmore than fifteen days or by both such fine and imprisonment; for a\nconviction of a second violation, both of which were committed within a\nperiod of eighteen months, such person shall be punished by a fine of\nnot more than one thousand five hundred dollars or by imprisonment for\nnot more than forty-five days or by both such fine and imprisonment;\nupon a conviction of a third or subsequent violation, all of which were\ncommitted within a period of eighteen months, such person shall be\npunished by a fine of not more than two thousand dollars or by\nimprisonment of not more than ninety days or by both such fine and\nimprisonment.\n